good. when molly line held up this on tv they sold 50,000. goes to the victims it in boston. great, great shirt. martha: good for them. "happening now" starts right now. bye, you guys. jenna: we want too, right? jon: let's get a couple. jenna: brand new stories and breaking news. jon: new developments in the benghazi terror attacks that left four americans dead. a new hear something set the day after president obama is looking into claims that survivors are being blocked telling what they know. latest in a california manhunt for the killer of this 8-year-old girl. horrifying video from afghanistan. a 747 cargo plane's final moments in the air before crashing in a fireball killing everyone on board. it is all "happening now."

jon: and good morning to you. "happening now", we are getting word that a new hear something now set on the terror attacks in benghazi. i'm jon scott. jenna: hi, everybody, i'm jenna lee. we're told hearing is scheduled for one book from today, that is next wednesday. questions continue almost eight months after the attack in libya that killed ambassador christopher stevens and three other americans. still there is no justice. no one has been held accountable and no arrests have been made. right now we have an exclusive interview with a special operator who watched the terror attack unfold in realtime. this source says the united states is dragging its feet on arresting the suspected mastermind. adam housley is live in los angeles with this exclusive report, adam? >> reporter: yeah, took a lot of courage for him to come forward as we report, james rosen my colleague as well as jennifer griffin. we reported over the last couple of months there are number of source who is have felt threatened or directly threatened. for this source to come

forward and provide these details is incredibly courageous. he gave us a couple of important details. he spoke how people could have responded in time in his opinion. today he talks about how there are people that have been identified in libya that were responsible. they believe, for the attack or at least part of it who are continuing to walk free. >> make no mistake, justice will be done. [gunfire] >> reporter: seven months and still no arrests for targeted killings after the brutal attack on two u.s. locations in benghazi, libya, killing four americans despite promises those responsible would be hunted down and held accountable. multiple sources tell fox news the u.s. identified the mastermind of the benghazi attack who is still in libya and walks free. >> we basically don't want to upset anybody. the problem is if ambassador stevens's family knew that we were sitting on information about the people who killed their son, their

brother, and we could look them as a government in the face, then we're messing up. we're messing up. >> reporter: fox news spoke exclusively with this special operator who watched events unfold in realtime and debriefed those part of the response. he remained anonymous for his safety. he decided to talk because he says he and others connected with the september 11th attacks in benghazi are frustrated with excuses, lies and lack of a military response since ambassador chris stevens and three other americans were killed. >> we have all the capability, all the training, all the capacity to kill and capture that only terrorists involved with the specific events of 9/11 and ambassador stevens's death but terrorists who are feeding other regions including europe that eventually could affect our national security in the short term and we're not talking midterm or long term. this is the short term. >> reporter: the community is pretty frustrated? >> oh absolutely.

absolutely. it is a daily frustration. >> reporter: now in response to the claim that there were at least one, possibly the mastermind walking free in libya and others as well we contacted the state department, the pentagon, the cia and the fbi. we had no official response back, jenna. but it gives you an idea the frustration built into this community of these men who are out there fighting this war on terror, in this case, in libya trying to find those responsible for the attack on benghazi last september 11th. jenna. jenna: great new reporting. a new voice to add to the conversation at least. adam, thank you very much. adam housley will have more on the exclusive reporting throughout the day here on fox. meantime we have new reaction on latest to the investigation of adam's reporting. am boss door john bolton joins us in a few moments. jon: the obama administration this week rolling out what it calls a simplified many application form for the affordable care act, obamacare. this comes amid some troubling news from pollsters that a brand new

"fox news poll" shows a majority of americans believe the law should be repealed, 54%. that is not all. according to the kaiser family foundation, 42% of americans don't even know the affordable care act is a law. and almost half of those polled don't feel they have enough information to understand how obamacare will impact their own families. charlie hirt is a columnist for "the washington times." the president was pretty proud during his news conference to talk about obamacare and essentially he said it's here, it's working, everything is going hunky-dory. what do you make of that assessment, charlie? >> clearly the administration realizes they're staring down the barrel of some serious, serious problem. you definitely have a problem on your hands when the chief author of obamacare himself has come out and said it will be, quote a train wreck to implement. jon: talking about max baucus? >> that's right. and max baucus as you know is not running for re-election. he wasn't saying that in order to sort of cover his

tail to keep from getting punished for writing the obamacare bill in the first place. he was just making the assessment based on years now of people looking at the details of the bill and realizing that this thing is really complex, it is really invasive and it will take, it is not a simple pat thing that president obama is sort of trying to make people think it is. and, also, you know, it is not like, they have worked to try to simplify it. but the simplified version. application now runs 12 pages for a family. this is, that is more complicated than getting a home loan. and so i think the administration is very worried about it. i think they realize that they have bitten off a seriously complex situation here. jon: i guess we can be thankful that the application is at least shorter than the bill itself which ran some 15,000 pages. the president at that news

conference said look, obamacare is here, it's, you know, underway for most of americans already. and yet, much of the heavy lifting hasn't been done, these state exchanges haven't been set up in most places. nobody really knows how this thing is going to work when it starts, when they really start, you know, plugging into it next year. >> you know, jon, i think there are a lot of democratic candidates all across the country who supported this thing and they're sitting around saying wait a minute. this is as good as it is going to get. this is the bill that we promised. people are not happy with it. it is not like it is simplified anybody's lives. and so they're looking towards future elections which of course president obama doesn't face one. but these other democrats, you know have to get reelected. they're looking at some future elections and are starting to get very, very worried. that is where a lot of pressure has come to try to fix some of the glare

problems. but, you know, when president obama says, oh, if you already have insurance don't worry about it, doesn't affect you, that is a pretty disingenuous thing it say because of course the whole thing is the is up so there are penalties for companies that don't provide insurance, but those penalties are so low that it is cheaper than actually providing insurance. jon: a lot of these employers will be throwing employees off their company health plan and forcing them into the obamacare pool? >> absolutely jon. when that happens, i think democrats will start getting even more concerned about, you know, that being taken out against them in future elections. jon: well, the president didn't touch on any of that in the report yesterday in the news conference. charlie hirt. >> interestingly, no. jon: charlie, thank you. >> thanks, jon. jenna: new developments in the search for a killer of an 8-year-old girl. layla fowler was found

stabbed to death in her home and investigators are looking about a connection to a crime in nearby city. hundreds gathered at an emotional candlelight vige dwil -- vigil. claudia cowan is in nearby san francisco. let's talk about the latest in this case. what are the details in the possible link between leila's murder and another crime? >> reporter: an attempted kidnapping, jenna. investigators are looking into a possible connection because both cases happened here in northern california and they both involved little girls. 42 yearly jason wyrin was arrested in placer vil after breaking into an apartment trying to kidnap a 15-month-old girl. the mother fought off the intruder. that is 45 miles away from calaveras county. this case does not appear to be connected to leila fowler's murder they have taken a dna sample from him as they do in any

investigation to a incident that happened to any children in the region. it was emotional night as more than 1,000 people attended a candlelight vige gill at leila's elementary school. they remembered her as a daddy's girl with a smile that could melt hearts. many mourners wore pink and purple, leila's favorite colors. her mother, crystal hart spokes for first time. >> i want to thank the entire community and all our family and friends for overwhelming amount of support you've given our many family. it will never be forgotten. >> reporter: leila was fatally stabbed inside her home which remains a crime scene. they say there were no signs of a break in o burglary. the 12-year-old brother's account of a intruder inside the house is still under investigation. investigators are testing several knives found at home, one which they say could be murder weapon. jenna, those tests results are due back in about a week. jenna: we'll look for those

developments. claudia, thank you. jon: there are brand new develop cents this -- developments in the hunt after missing mother in michigan. she vanished after working late at a gas station. police are releasing a a sketch of a possible suspect. the boston bombing investigation, what the width dough of the suspect agreed to do and new information we could soon learn because of her decision. we're live with that story. [ male announcer ] eligible for medicare?

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jon: right now, new information on some crime stories we're following. lawyers for the suspect in the colorado movie massacre are questioning the constitutionality of that state's insanity defense law, raising the possibility they might enter an insanity plea over james holmes objections. police in west michigan releasing the sketch of a possible suspect in the disappearance of a young mother. witnesses say the man was parked in a gray minivan near a gas station where

jessica here ring ga worked. they arer disappearance as abduction. one more witness before the closing arguments in the jodi arias begin later in the week. our legal panel weighs in next hour. jenna: new information on the boston bombing investigation as the attorney for widow of suspect tamerlan tsarnaev says she will release her husband's body to his family. this is important. it is crucial actually for the public and information we're receiving because once that is done the medical examiner can release his exact cause of death. we're also learning more about the widow's meeting with investigators. peter doocy is live in boston with more on this. so, peter, catherine russell is the widow. has she been helpful to investigators? >> reporter: jenna her attorneys say she has been helpful and meeting with law enforcement answering all their questions and she will continue to do so but officials have not yet come out and said she has given them any good leads but they also haven't given us any

information to believe otherwise. we just don't know from the law enforcement side yet. something we do know about kat thin russell, she does not want to go and claim her dead husband, tamerlan's body. so her attorneys right now are in the process of giving the tsarnaev family permission to take custody of the body. they do not need to go to the morgue here in boston to do that. the suspect's uncle has been inquire with a local mosque in cambridge, massachusetts about funeral arrangements. although we're told that those plans have to be put on hold until someone claims the body. jenna. jenna: still some pieces to the puzzle. that goes without saying. peter, what also are we learning about the tsarnaev family? >> reporter: we're learning more about the family, jenna, including when the suspects parents were living here in massachusetts they were on welfare. that includes federally funded food stamps from october 2002 to november 2004. then from august 2009, to

december 2011. so for years. we also now learn that tamerlan received aid to attend community college. he is now dead. his brother, the other suspect, dzhokhar is alive. he is still in that federal medical prison 40 miles outside of town. sources are telling us neither brother, neither suspects wiped their computer hard drive before the bombings, but here in copley square nobody is talking about the evidence or the suspects. there is a steady stream of somber bostonians coming to the memorial behind me to pay their respects. remember, there are still dozens of people recovering all acrosstown from very severe injuries. including about two dozen people who have limbs appew tated and they got a little bit of good news yesterday, jenna. the coalition to run and walk again came out and said they will help them pay in it entirety for their first artificial limb, depending where the amputation occurred is a saving of

several or tens of thousand of dollars. jenna. jenna: peter, thank you. jon: there is new prediction from aaa how much drivers could be paying at the pump this summer and new reaction to the latest developments involving the terror attacks in benghazi that killed four americans. ambassador john bolton joins us next, weighing in on some claims by president obama that he was not aware anyone had been blocked from testifying about what happened that horrible night in libya man: how did i get here? dumb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us.

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jon: we are getting ready for the summer driving season and there's a new forecast how much you will pay at the pump this summer. rick folbaum live in the new york city newsroom with that.

>> some good news. flip side could be more traffic on the streets but small price to pay when you consider the money you will save putting gas in your car. we're at at tile of the year when prices usually go up in time for the spring and summer driving season. not this year. aaa says prices are dropping and they should stay low. average price per gallon, nationwide, 3.55 but the forecast is for prices to dip below 3.40 a gallon by july. weaker demand and refinery production operating mostly problem-free. this april prices last month were the lowest since 2010. we know they have negative ripple high gas prices can have on so many things, jon. let's hope the lower prices can help our sputtering economy pick up speed even if it means more cars out on the road. back to you. >> cheaper prices. rick, thank you. jenna: there is new hering being held for an attack on

benghazi that killed four americans. it will be held in washington see. in light of new information, whistle-blowers saying they have been blocked from testifying about what they know about this event. take a listen to this exchange with the president. >> benghazi, pieces of this story have been litigated and you have been asked about but people in your own state department say they have been blocked from coming forward, that they survived the terror attack and want to tell their story and will you help them come forward and say it once and for all. >> ed, i'm not familiar with this notion anybody has been blocked from testifying, so what i will do i will find out, what exactly you're referring to. jenna: meantime, even as the president was making those remarks, here's happening in libya right now. armed men, armed trucks, surrounding the justice ministry building in tripoli. it has been a tough couple days. militia come through the capitol city in protests of certain things happening in the government. in general there is chaos in the capitol.

john bolton, former ambassador to the u.n. and fox news contributor. ambassador, not really many of us talk about libya right now. we have the short-term story about the investigation into benghazi and the long term prospects of our national security affairs and how, how that region may affect our national security. starting with benghazi, what do you think has been the result of these eight months of investigations? >> well, we still don't know many critical elements of what happened before the attack, during the attack, and after the attack. and i think that's why these efforts to get the testimony of the individuals who were actually there during the event is so important. this has nothing to do with scoring political points or anything like that. it has to do precisely with learning what went wrong, before, during and after the attack so we can prevent it again and i think it fits directly into this larger context you mentioned of the continuing deterioration of the libyan government, the continuing growth of the

threat of al qaeda and other terrorist organizations in libya and really throughout the region. what the attack on our consulate in benghazi is a critical point in this bigger picture. jenna: do you think that the investigation into benghazi and the fact it has been politicized in many ways is actually detracting us from some of the bigger picture questions that maybe we should be asking about the region overall? >> well, it may well be but i think honestly the effort to get the truth out here is something that should go forward on a bipartisan basis and if the president in fact was unaware that people had been prevented from testifying, then i hope he will say, look, i have nothing to hide. i want the facts to come out as well because the safety of official americans, the safety of private american citizens in a dangerous region is something that should be right at the top of the president's agenda. jenna: ambassador, speaking of facts, we have breaking news. if you would stand by just

for a moment we'll be back to you in just a second. jon: happening now in boston. breaking news on the investigation into the marathon terror attacks. peter doocy has that live from washington. peter? >> reporter: and jon, we can now confirm with a source who has knowledge of these arrests three additional suspects have been taken into custody, have been arrested in connection with the boston marathon bombing. this comes two weeks and two days after the initial attack right here on boylston street in the block behind me. we don't have any details about where these arrests took place, who they were but this certainly fits in with the narrative we've heard for the last few days. some people, some lawmakers and some law enforcement experts said it did seem to them like there's a possibility these tsarnaevs did not act alone. we do not have any other information. this actually originated with a tweet from the boston police department that just said three additional suspects have been taken into custody and that

details were going to follow. we were able to confirm just that month, just with a source with knowledge of the arrests that three more people. so there are the tsarnaevs. one is alive and one is dead. now there are three more people in custody, in connection with the boston marathon attacks and we are now awaiting more information hopefully very soon, jon. jon: boston police have said they will release more details. we expect to get those today. if it breaks during "happening now". we'll certainly have that for you. my mistake introducing you in washington. that is your usual home but you're in boston right now. peter doocy. thank you. jenna: in light of details, ambassador bolton is with us. your thoughts? >> obviously a lot of information to be filled in but what i think the significance could be is it would give the lie to the idea that the tsarnaev brothers were lone wolves acting on their own, alienated by their life in america in scruffy cambridge,

massachusetts. and i think present important questions about just how extensive the plot was and the extent of international involvement. this is the tie-in in to benghazi because, there are people who were willing at the time of the benghazi attacks and willing right after april 15 in boston to say, no connection to international terrorism. the war on terror is over. al qaeda is on the road to defeat. and, you know, the reality in libya today as you just indicated contradicts that narrative and depending on the circumstances of these three arrests, who they are, what their role might have been i think it will be further evidence that the tsarnaev brothers did not act alone. jenna: beyond this administration, there's going to be obviously many years we'll be talking about terrorism in the future, not only here at home but also in north africa and the middle east, ambassador. i wonder as we kind of bring

these conversations together, in light of what you just said there about the tie in between benghazi and washington, what questions should we be asking to insure our own national security? >> first we need to bring the debate about terrorism back to the level it should be in our national political conversation. for the last four years at least we've spent inadequate time focusing on these continuing threats to the united states and not just the ones that we're dealing with right now but the potential risks of terrorism with weapons of mass destruction. you know "the wall street journal" has an excellent editorial on that this morning, highlights the work of some of my colleagues, fred kagen and others at aei. it has a map of al qaeda operations and areas of influence in north africa and the middle east. really everybody should take a look at that. we're not dealing with a phenomenon where al qaeda is limited to some little group of people along the afghan-pakistan border that we've been firing cruise

missiles at. we're dealing with a threat that continues to metastasize. that had tragic consequences in boston and as to which we remain vulnerable worldwide. jenna: ambassador bolton, thanks for rolling with us during the breaking news. always great to have your thoughts, sir. >> thank you, jenna. jon: well, just ahead the easier access teen girls will now have to contraception. the fda changes the age of those who can buy the morning-after pill without a prescription. that controversy ahead. plus, president obama walking back his red line stance and apparently raising the bar for military intervention in syria. where is that red line now? [gunfire] everybody has different investment objectives,

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and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! jon: growing controversy this morning over the government's decision to allow pharmacies to sell the so-called, morning-after pill to girls as young as 15 years old. previous age limit was 17. the fda also deciding that the emergency contraception known as plan b no longer has to be kept behind the pharmacy counter. james rosen live in washington with more on those moves. james? >> reporter: jon, good noing. this decision comes days before a ruling from a federal judge will take effect that removes all age restrictions on selling of so-called morning-after pill to girls and women. the food and drug administration says plan b one step is quote, safe and

effective for over-the-counter use by females 15 and older. now the center for reproductive rights, the group that sued when the age limit of 17 had been introduced which lawsuit produced the judge's ruling with no age limit set to take effect on monday, they said the new fda action doesn't go far enough, girls lacking id to prove they are 15 would not be able to get the morning pill in time to have it work. fox news caught up with health and human services kathleen sebelius at the latino small business summit in washington. fda made the decision and i supported it would say to our intrepid producer. two years ago, it was sebelius who overruled the fda decision to allow girls of any age to buy the pill over the counter. as you might imagine, the fda decision and approval already sparking heated debates including right here on this channel. >> i think this decision is really about removing

obstacles and barriers for all women, and making this over-the-counter. i think we have to applaud actually the fda choosing science over politics. >> it reads the like the constitution. there are so many, possibilities, probabilities, percentages. you're going to tell me 15-year-old girl who can even buy it give it to 14-year-old and 13-year-old will understand all the potential side-effects and what they should do after? >> reporter: somewhat related note the state of florida, legislature there, has approved and republican governor rick scott is poised to sign a bill that requires abortion providers in the state to give immediate medical care to newborns who survive botched abortions. jon? jon: james rosen, in washington for us. thank you, james. >> reporter: thank you. jenna: back to that breaking news out of boston. boston police announcing three more arrests have been made in connection somehow to the boston terror attacks. the details of this sketchy at this point but we're working hard to bring you some fresh information who

these people are and why they were arrested. according to one source familiar with the arrests telling fox news that these suspects are, charges against them have something to do with some sort of assistance or cover they may have given to the suspects. but again, working to confirm that and hopefully finding out more details within the next few hours. fox news military analyst and retired u.s. marine colonel bill cowan has been talking a lot about this story and others over the last couple weeks. and, colonel, what do you make of this news? you really feel these guys were amateurs and want to caution us a little bit about jumping too far ahead with some of these headlines? >> well i do, jenna. i heard a lot of analysis over the past couple weeks how these two properties were part of a much grander plot maybe orchestrated by people overseas. they had handlers and controllers and this and that. the truth of the matter and i base this on experience in the '80s and 90's running clandestine and covert operations when you have two people like these brothers who have perfect placement and access, that is, these

two guys fit into american society pretty well. they were not people that stood out as suspects. we're finding out that they should have been but nonetheless they were able to be there you would make sure before they pulled any operation, knew exactly how to get to the target, do their work, the bombs you off without ever being detected. i think it is pretty clear how surveillance videos caught them they were nonchalantly walking around that they didn't have training that left them in place to do other operations with overseas handlers. jenna: what if they didn't care, didn't care if they were known all over the world for their faces? >> if they didn't care and come out earlier and claimed some kind of responsibility for it. all of sudden they realize they had been detected that's when they tried to break out and get away and maybe make up the plan to hit new york. these guys were good. had it none been for the surveillance cameras they were good getting bombs there had it not been for surveillance cameras there

is pretty good chance we would still be looking for perpetrators of the bombings were. the cameras caught them and they weren't prepared for cameras. jenna: how awful it sounds may be more amateur than others they were still effective in killing people and caused this --, look how they changed the course of news and history of the united states in these, this one moment. colonel cowan, i would like to broaden out the conversation a little bit because we talk about terror in boston but we're talking about terror too on a broader scale and it is easy as you're saying to put every terrorist on even ground or say every terrorist has to belong to a certain group. how do the brothers in boston, the ones that perpetrated, suspected until proven guilty, we know they're going through court this crime, how do they compare with terrorists operating in syria, who are operating for hezbollah for example? how good are those guys compared to these guys that did this? >> yeah. or iraq, jenna where i'm in iraq all the time. those environments are a little bit more chaotic. although they have some

levels of security over there they have policemen on the street corners as an example in iraq where there are bombings going on almost every day or in syria are with you there is lot of movement, they have police out there watching also, there is so much going on. there is lack of integrated security. they don't have electronic eavesdropping like we have in the united states, they don't have forensic capabilities. don't have the ability to track potential or known terrorists those environments lend themselves to tear activities going on. remember particularly in syria, resistance it learning do their job real well and iraq it is iranians. jenna: he is that because so many questions come up about what do we do in syria? what about the threat terrorist cells in syria could not only pose the region but also us eventually? i look at those people on the ground in syria, irat that rifts part of these elements of rebels, wow, they have two years of battlefield experience and weapons training that these brothers presumably didn't have and how does that impact our decision, our

decision making in the future to prevent incidents like boston? >> great question, jenna because the reality that is the argument why we need to have some kind of involvement in syria so that we're sure that whoever wins and remember, that after the russian revolution the bolsheviks didn't win. they won the fight after the fight. we don't know who is going to end up winning in syria. somebody is when assad goes unless iraq, that is unless iran and hezbollah gets much more heavily involved and they're involved already. it is pretty certain assad is going to go. somebody will end up being the winner over there. somebody who has a lot of training as you're suggesting and who has a lot of experience and some other elements that aren't winners but have those same things we need to be sure whoever wins over there in syria is somebody we can work with, somebody we like, somebody for peace in the middle east, who hopefully willing to work alongside israel. then all of us can start working in concert to try to sort out these guys who are

learning as you just suggest. a lot of tactics that we don't want to see employed against us or our allies or here in the united states or elsewhere around the world. jenna: there are some elements at play. colonel cowan, great to have you, thank you so much. >> thanks, jenna. jon: two major rivals facing off in the race for governor in virginia. the latest on the contest between two men with very different views. and, no one wants to get stuck on a fence 20 feet off the ground. why this guy was arrested after firefighters helped him get down. [ male announcer ] straight from red lobster's chefs to your table for a limited time! it's our seafood dinner for two for just 25 dollars! a handcrafted seafood feast made to share. first you each get salad and unlimited cheddar bay biscuits. then choose two from a wide variety of chef-inspired trées like our new honey garlic crispy shrimp or new seafood lover's lingui. round out your seafood dinner with your choice of either an appetizer or dessert to share! don't miss our seafood dinner for two, just $25

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advanced home management here today. adt. always there. jenna: right now a man is in custody after getting stuck trying to hop over a border fence literally, he got stuck. he was caught in the barbed-wire about 20 feet off the ground. you can sort of see him there. doesn't look like a good spot to be. this is happening along the u.s.-mexico border in california. firefighters had to rescue him and take him down a ladder and then he was arrested. jon: that doesn't look like fun. jenna: not comfortable. jon: "happening now" in virginia the race for governor turning into a nasty faceoff between two major rivals. former democratic national committee chair, terry mcauliffe, taking on virginia attorney general ken cuccinelli. chief political correspondent carl cameron is live in washington. >> reporter: jon, already has been nasty and now the ad wars are officially getting underway. both candidates are using tv and radio to accentuate

their positives because their opponents as you might expect are playing up all the negatives. we followed democrat terry mcauliffe on danville community college down on the north ircaroline border. his first ad campaign actually starts tomorrow. he will be talking about jobs and,000 owe will create them. but he is under fire for exactly that. he is cell made millionaire. touts, first ad touting job creation tomorrow. republican rival and attorney general ken cuccinelli and gop are demanding he release his tax returns that mcauliffe is hyper exaggerating his business career talking about a company called green tech, and electric car firm he started in virginia and ultimately moved to mississippi where mr. mccall live and company have not been job creators that mcauliffe repredicted. listen. >> he is isn't being truthful about it. and if that's his calling card for proving what a great job creator el be, it is not a very good one.

and in fact, it is not a particularly reliable one either. so, what are virginians to make of the next thing he has to say about his ability to create jobs? >> reporter: now cuccinelli is the first attorney general in the country to file suit to block obamacare and socially quite conservative. democrats are trying to paint him out of the mainstream. his first ad features his wife talking up his commitment to serve and help people in need. he is also taking a lot of heat from virginia democrats failing to report about $5,000 in gifts including a vacation ceo of a firm whose gifts to virginia governor bob mcdonnell are looking into by fbi. he said it was an omission and we tried to get a an interview with mr. mccall live but he denied us. jon: carl cameron. jenna: three more people have beeners aed in the boston marathon bombing and

details about why they were arrested who they are, all ahead in this developing story. plus a deadly plane crash caught on dash-cam video. we'll bring you, it is really heartbreaking video to be quite frank. a few people lot of their lives and it is incredible video to watch. we'll tell you a bit about what investigators arelearning .

jon: truly sad video of a deadly 747 cargo plane crash in afghanistan. this is dash-cam video from a truck on the perimeter of the airport. it just happened to catch this huge 747 just after takeoff. it reaches an altitude on climb out of 1200 feet and the jet plummets to the

ground. the seven pilots and crewmembers on board were killed. for that reason we want to warn you the video we will show is very disturbing. the plane finally explodes into a giant fireball killing all seven people on board. peter goelz former managing director of the national transportation safety board and someone who worked on a plane crash investigation that took place in afghanistan. peter, i know one of the things you do at the nt sb you do not jump to conclusions but, on first glance at the video, and i know you have seen the full thing, what are your thoughts? >> well, it looks like the aircraft got, as you said about to 12 fun feet, then stalled and the pilot attempted to recover and he simply ran out of airspace. but we've seen these kinds of accidents before in cargo. 1997, a fine airplane, some cargo got loose, pitched to the back of the plane, the plane pitched up, stalled,

crashed outside of miami. we saw a similar accident in sacramento, and everyone believed again, was cargo getting loose because the performance of the plane was very similar. we found out in that accident though that in fact a elevator of the aircraft and cable connecting it had failed and the pilot simply could not control the airplane. so it is a little soon to speculate but certainly attention is going to be focused on the cargo, what happened, listening to the voice recorder and the data recorder. jon: and for our viewers who don't he no the difference, a stall, when you talk about it is a wing stall, the wings lose ability to lift. we'll get into that in a moment. the engines were apparently working fine on this 747. i want to play for this one time only the entire video of the crash as it was captured by this crashing vehicle and show our viewers what happened one time.

you can see the plane there in the upper right-hand portion of the screen. it is climbing and then it starts to rock. that is always indicative of a stall, right, peter? >> yes it is. by this time the stick shaker in the cockpit is going off. jon: it exploded in a fireball and again seven americans were onboard who lot of their lives. one thing that i noticed that struck me as interesting was that the landing gear was deployed. the wheels were down, normally, at 1200 feet, they wouldn't, they would be already tucked up in the belly of the plane. does that tell you anything? >> well i think that could indicate that this flight crew had their hands full very early in the takeoff process. and, lifting the gear was probably one of the last things on their mind. they might have been fighting for control right from the very start. jon: one of the things that the pilots have to do when

they're taking off from bagram as well as from kabul is get high very quickly. i know that because, you know, there are occasionally insurgents on the ground with, you know, some kind of a rocket propelled grenade they want to get the airplanes up very quickly. could that be a factor? >> well you do. at all of the airports in afghanistan, even the particularly the small fire bases, you get in and get out quickly. and that certainly will be a factor. they need to be getting up fast. jon: if that cargo shifted to the back of the plane that could have spelled doom for all seven on board. peter, thank you. we'll be right back

jon: hrerpt letter. fox news alert. three more suspects arrested in connection with the boston marathon bombing. police announcing this major development in that investigation less than an hour ago. apparently these new suspects could be charged with giving some kind of assistance or cover to the two main suspects, the tsarnaev brothers. we have learned that two of the suspects are from sahe kazakhstan. they went to school with the younger suspect and are accused of violating their visas. they apparently went to the surviving suspect's apartment and took some computers and other equipment. at some point they decided to try to dump the equipment.

for now boston police are referring all questions to the fbi, we will bring you any additional information as we get it from our newsroom. in the meantime relatives of the dead suspect plan to claim his body according to an uncle who lives in maryland. once the body is claimed a death certificate will be filed, and the official cause of death made public. there has been some question as to exactly how tamerlan tsarnaev died. first, his widow has to file the release papers. she is still being questioned, and is apparently cooperating with the fbi. her lawyer says they have just learned the medical examiner is ready to release the body. she wants her husband's family to claim it. meanwhile we are learning more about the dead suspect's trip to russia, six months before the bombing. turns out russian agents had him under surveillance and u.s. investigators are trying to find out if he was indoctrinated or trained by militants during his time in dagestan. again many new developments in connection with this investigation. coach it here on fox for the

latest. >> reporter: breaking details come thanking out of boston. brand-new stories coming your way over the next 60 minutes, including new details into charges of a cover up in the benghazi terror attacks from last september. were witnesses intimidated? president obama says he'll look into it. we have news he may want to hear. also, the jodi arias murder case about to go to the jury. after admitting to killing her ex now it's her life on the line. we'll have a preview and you'll hear directly from amanda knox, convicted then acquitted of killing her roommate during a semester abroad in italy. facing yet another trial. her reaction to that straight ahead. all of that and breaking news as the second hour of "happening now" starts right now. jon: if you have a 401k or money in the stock market that is millions of americans with retirement funds it is a krug

crucial month. what the may numbers are telling us and what investors need to pay attention to. welcome to a brand-new hour of "happening now." i'm jon scott. jenna: i'm jenna lee. big moves in the economy over the last several weeks with positive signs that are offering some encouragement. there also could be reason for concern as well. we'll go through that with you. the consumer confidence index, something that is looked at as how do we feel about what's happening with the economy bounced back a little bit in april after dropping in march, meaning we are feeling a little bit better about the economy and that means good things usually, because that might mean that we spend more, which is important. a stronger housing market is also given as part of the reason why we might be more optimistic. home prices rising at the fastest rate since 2006. a live look at the dow today, may 1, that is an important part of this as well. there is an old adage on wall street, sell in may and go away. inversers sometimes say i'm good nor the year. what are the signs telling us.

mike santolli is a senior economist. is that the deal? >> it's catchy. people talk about it who is tore i can lee most in the gain -gs in the stock market have occurred between november and april. doesn't mean may to october is down on average it's typically weaker. a broad, long-term tendency. it doesn't work every single year although it kind of worked the last three years in a row. the question is is this now the rule? is it now a script we follow every year or is banking on it to work again this year. i was joking, it's like betting on a fourth white christmas in a row. maybe the odds aren't with us. jenna: you have think well if i'm ahead how much will i risk if i get out now. other people have jumped in seeing better numbers than we have in the past two years. >> we've than been up six months in a row. four months obviously this year. it would make a lot of sense for the market to back off a little bit. we have had softer economic

numbers and that is the main concern right here. it's not so much whatever seasonal patterns it's the underlying economy has to show better signs for i think it to keep up. jenna: what about house stph-g we see a the love headlines housing is looking better. when you look at prices they are not quite back to where they used to be. is that a good thing? it was a bubble or is that because there is still reason to be a little bit concerned about where the economy is headed? >> it's both of those things. basically housing is definitely recovering. it looks like that recovery is going to continue for a while but it's not going to be about huge price gains probably. the activity levels are high her. new home building is up, nowhere near the peak levels of the middle of the last decade and turn over, basically existing home sales are up too. a lot of its investors. a lot of it is opportunistic buyers. jenna: it would be great to be one of those. >> yes to snap them up for cash. how much momentum is going to be

in the housing recovery? it has worked. the consume erp end of the economy is holding up pretty well. those who have a job especially of course seem to be doing very well. jenna: a big jobs report on friday. last time it was a little disappointing. >> it was quite disappointing, today we got a number, an early read the private sector payrolls by adp came in below expectations. friday's expectations are not particularly high, 150,000 new jobs last month, slower than we saw in the winter and earlier this year. that is the question right now, are we seeing finally the drag effect of lower government spending levels and then businesses just kind of anticipating lower activity and pulling back. also by the way, the rest of the economies around the world are in slow mode right now. china -- jenna: manufacturing here at home. so we get a big about picture, are we supposed to feel good after talking about this or are we supposed to feel -- have some questions. >> unfortunately it's more of the same. the economy is in recovery mode but it's kind of a slow unsatisfying pace.

we are kind of inch evening forwardment we have the support of very low interest rates and easy money but not getting a lot of help, not getting a lot of help from the rest of the world or from a lot of penitentiary up demand here for big ticket items. car sales, though, record levels. jenna: we'll talk to you in october and see how things are going. thank you very much. jon: let's get jenna a new car. jenna: yeah. jon: right now the murder trial of jodi arias set to resume in arizona for the final day of testimony. arias is facing the death penalty if convicted of murdering her lover. he was found shot in the head almost 30 times back in 2008. she admits she killed travis alexander but claims it was all self-defense. closing arguments could begin tomorrow. coming up we'll talk to our legal panel about all of the courtroom drama and how it will play with the men and women deciding jodi arias' fate. a new push from president obama to close the military detention center at guantanamo bay. you may have heard that yesterday during "happening

now." the president telling reporters it is something the u.s. has got to do. but many prominent republicans oppose it. all this comes as military personnel there struggle to deal with a massive hunger strike among the detainees held there. reports that many are now being force fed. doug mcelway joins us live from washington. the president proposed this before, but it didn't get very far, doug, why not? >> that's right, jon, he proposed it under democratically controlled congress but couldn't get enough votes. in 2009 the then chairman of the house appropriations committee didn't budget any money for closing gitmo in his budget, his reasoning the president had no plan when what to do with all the detainees should it be shut down. the same concerns exist today. >> the president has no detention policy on how to deal with enemy combatants. the world is a dangerous people. we are taking people off the battlefield and the president has no plan on how to do this. he may say he conceptually wants

to close guantanamo bay but this country needs a way to deal with enemy combatants. >> reporter: even the president's critics acknowledge the detention policy is uncharted legal territory, given the war on terror it may last for many years if not decades. many fear an indefinite detention of the enemy combatants without access to legal rights. >> and the notion that we're going to continue to keep over 100 individuals in a no man's land, in perpetuity, the idea that we would still maintain hyannis por forever a group of individuals that have not been tried. that is contrary to who we are and our interests and it needs to stop. >> reporter: guantanamo continues to impose unique stresses on the military, the ongoing hunger strike has forced the million tear tree t bring in an additional medical personnel to force feed the

detainees. jon: is there a lingering question about released detainees going back to terrorism? >> that is right back in january of 2010 the pentagon estimated 20% of the 560 detainees that were released from guantanamo went back to the terror front lines. one analyst told fox news that year that the recidivism rate could be as high as 40% because many released terrorists change their names, went underground, hid a bit before resurfacing to wage jihad. stpwhao something th jon: something the city didn't mention. doug mcelway language you. jenna: more of the breaking news out of boston now. we just learned that there have been three additional arrests in the boston bombing terror attacks. i believe -- is this live pictures? this is a live picture of the boston courthouse. i believe this is one of the side streets where we've been able to get some of the helicopter shots from our local affiliate. here is what we know so far. apparently the three people

arrested, two of them are from sahe kazakhstan stan. two of them had an immigration this morning and are being charged with obstruction charges, something something to to do with their immigration status. fox news has learned at some point after the bombing attack when the two brothers were on the run from police, from investigators, these two men from kazakhstan stan went to dzhokhar's apartment. remember dzhokhar is the younger brother who was attending school in this country. apparently in that apartment they took computers and other equipment. at some point they decided to try to get rid of that equipment. more details on why they were doing that and what that equipment precisely was coming up. also, we just want to mention that there is no indication right now whether or not the equipment they took from the apartment is relevant to the boston terror attacks. we just offer that disclaimer as we are trying to gather breaking information for you. three more arrests in months ton, more breaking news after a

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jenna: the fate of a pennsylvania abortion doctor is now in the jury's hands. he's charged with four counts of murder and faces the possibility of the death penalty in convicted. it certainly was an emotional trial, it's an emotional story and our shan and bream is live at the courthouse with more. >> reporter: jenna, now that the jury is doing its work and we are awaiting avider there is a significant media presence here, but in the early weeks of this trial that wasn't always the case. here is just one of many examples. there was a "washington post" reporter who referred to this case as a, quote, local crime story in a tweet to explain why she wasn't covering it. she got plenty of backlash and to her credit she changed course writing this. quote. i was clearly wrong, the egregious and horrifying crimes committed in the's west philadelphia abortion clinic have become a matter of nation

hal attention. for seven weeks now jurors have heard about all about what was allegedly happening at gosnell's clinic. in a 300-page report the grand jury detailed case after case of witness testimony outlining what they called a place of horror. several people were charged in this case, many of them have pleaded guilty to serious charges, they are in jail now or possibly facing time. there are two remaining defendants, gosnell, and eileen o'connell. she is accused of essentially practicing medicine at that clinic without a license. in all the jury is considering nearly 300 charges, the most serious among them first-degree murder, four of the charges against gosnell accused of killing babies born alive at the clinic by snip eupg their spaoeupl cord. gosnell's attorney calls this arrays eufs prosecution and says there is no scientific evidence to show any of the babies were born alive. the jury got the case late yesterday. its interesting they have come back to the courtroom to ask questions about a couple of things, but so far those questions have only been related

to the co-defendant in this case, eileen o'neal, which suggests to us they have yet to begin the 268 counts against gosnell. if convicted on any of the four murder charges he's facing he could face the death penalty. jenna: we'll watch for breaking news on that. shannon bream live in philadelphia. meant timor on the shock news. see no evil, the kermit gosnell case heirs this saturday night. jon: a bill will go to the desk of governor rick scott who is expected to sign it into you louisiana. it would people liza borings providers who do not provide medical care for infants born alive despite the attempted procedure. if you think things can get rough on capitol hill in this country check this out. lawmakers in venezuela coming to blows over that country's recent disputed election.

rick is in the newsroom with the story and the wild video. rick. >> reporter: this is more like the jerry springer show than lawmakers. on one side the political heirs to the late president haoug and chavez on the other opposition party makers who are refusing to recognize the country's newly elected leader. here is what happened inside the national assembly as the two sides literally fought over a ruling to silence opposition lawmakers, and strip them of their power until they recognize nicholas maduro as the new president. the opposition unfurl link a banner calling for a cue of the national assembly and that's when this started. it turns into an all out brawl with elected officials punching and kicking and shoving each other. maduro's victory was by less than one and a half%. a wild scene on the floor of venezuela's congress, a reminder to us, jon, that mow matter how dysfunctional our political

system can sometimes be at least we don't see scenes like that playing out in d.c. jon: it is a good thing too. rick folbaum, thank you. jenna: breaking news in the boston marathon bombings. three more suspects arrested in the case, what sources are saying about how they may have helped the tsarnaev brothers. plus, an incredible medical breakthrough giving a toddler a new lease on life, the amazing details of this little girl just ahead.

jon: fox news alert. returning to our top story now, boston police announcing the arrests of three more suspects in connection with the marathon bombings case. two of the men described as classmates of suspect dzhokhar tsarnaev at umass dartmouth.

they could be charged with giving assistance or cover to the two main suspects, dzhokhar and his brother. specifically police say the men went to dzhokhar's apartment and took computers and other equipment. at some point they decided to try to tkufpl -p that stuff. both of the suspects are from kazakhstan and are being held at the suffolk county house of corrections after being charged with violating their student visas at a federal hearing back on april 21st. let's bring in peter brooks, a senior fellow for national security affairs at the heritage foundation, and a former cia officer. mike baker also a former cia covert operations officer now president of diligence llc, a global intelligence and security firm. mike, no surprise to you that there are further arrests here? >> well, no surprise. in the sense that this is what the investigators do. they've been peeling apart the lives of the two bombers, and identifying importantly the associates, the contacts that

they'd had over their time. and with dzhokhar as you pointed out in the intro there were the two individual, kazakhstan student visas, oddly enough they were in violation of the student visas a because they want them to attend school while they are here. clearly this thing is widening. a big part of this i suspect will be carried out overseas, but it is very important to understand that these investigations they have to be allowed to work through the process, and it's not like an episode of csi. i would caution everyone that has been beating the fbi repeatedly since this thing took place to just back off the histrionics and allow them to do their investigation. jon: mike, if these are guys who -- let me address this to peter, i'm sorry. if these are guys who helped out after the bombings, i mean, does that -- does that affect the argument that there should have been more red flags before the

bombings? >> it's hard to say. obviously this is breaking news, jon. the question is were they involved in this plot? or are they just useful idiots that helped out a college buddy? we just don't know that at this point. hopefully their detention will lead us in some direction in terms of that information as to whether this was a localized plot or if it may have connections through them to overseas. once again we don't want to jump the gun on it but we do want to know exactly how they were involved and whether they were part of a cell, a bigger network, or they were just college friend trying to help out a buddy who said, go get this equipment and take it out of my apartment, and he never told them why. so, we're going to have -- there is a lot to learn yet. jon: mike, you're saying that those on capitol hill who are pointing to the marathon t of an intelligence failure, you think those folks, as you just put it, should back off? >> well, yes, i mean again we've all become conditioned to have instantaneous resolutions. we all think again it operates

like a tv show. that is not how it works. in reality, you know, we identified the suspects in record time given what the state and local and federal authorities had too wor to work through. i would just caution to allow the process to take place. obviously there is always time in hind sight to look at, was anything missioned. but let' missed. let's get the operational work done. there is a great deal of work being done overseas to understand exactly if tamerlan had training and was provided resources during his time over there. we need to be work, the russian liaison issue more. they are sit opening a very large file. they had more information than they gave us when they provided a tpwheupl and date of birth when they were first concerned about tamerlan. they undoubtedly were surveilling him the whole time. they need to provide the information and quit talking about how they want increased

cooperation. jon: the president said the use of chemical weapons is a red line that should not be crossed in syria. now we know that chemical weapons have been used. we heard the president say, yesterday, yeah, but we don't know who used them. what to you make of that and what should our response be? >> i think the president put himself in a box when he made the threat. the problem with any threat or creation of a red line is if you're not willing to inch fort the red line they mean nothing. the president i think is trying to give himself a little bit of wiggle room here and he's going to cover his tracks with investigations, u.n. resolutions, ambiguity about what happened, you know, this -- the first report of this. jon, as i understand it, of course i don't know what the government knows, is that it happened in december. so, the president i think once again he can't make threats, he can't create red lines if you're not willing to enforce them, because it makes you look weak, and of course to the syrians, they may see this as, you know,

a green light or maybe just a yellow light about the future use of these weapons. jon: mike, does it make sense that the insurgents, the anti-government forces would have access to chemical weapons. >> certainly, as this continues to under wind. this has been going on for over two years. frankly the problem is, at the outset of this you could argue perhaps that we had an opportunity to exert authority, leverage, influence when the rebel opposition was starting to come together. that waufs the time if we were going to get involved to get involved. at this point it's a mixed bag, a lot of the interests of the current rebel forces are completely counter to our long-term interests and there is really no response or solution to this. i can sympathize with the white house but this is a problem of their own making. and i think i agree completely with peter, anybody with a toddler at home, i've got a three and a half-year-old. my son slugo. if i give him a red line and the consequences if he crosses that,

he crosses that and i don't back up my threat i'm done. jon: i think all of us parents appreciate that analogy. mike baker and beater brooks both of them have years of experience as cia operatives. thank you both. >> thank you. >> thank you. jenna: after four months the fate of murder suspect jodi arias could soon be in the hands of the jury. there is a live look inside the courtroom today. there are two final witnesses taking the stand. coming up we'll talk to our legal panel about this long courtroom drama and how it might play with the men and women who will decide her fate. plus amanda knox in her own words, the american sue dent accused of killing her roommate in italy is now speaking out about the ordeal. >> i didn't confess. i was interrogated. they acted like my answers were wrong. [ kate ] many women may not be absorbing the calcium they take

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jenna: wrel come back. the american college at the center of a sensational murder trial breaking her silence now. her name, you know, amanda knox. she eufs speaking out about her four years in an italian prison and a possibility of a retrial for the murder of her roommate. rick is live where more. >> reporter: the sit down interview with abc's diane sawyer part of a start gee to sell knox's new book "waiting to be heard" which came out yesterday, knox has quite a story to tell stemming from the 2007 murder from her semester abroad roommate meredith kercher

>> what was the first thing you thought when you saw meredith. >> i was putting things away in fly room when she came to my door and introduced herself and was immediately very nice, just this immediate exchange of, wow, this is someone who -- who i can get along with. >> reporter: kercher was found stabbed to death. prosecutors blamed knox and her then boyfriend and another man of killing her in a drug-fueled sex assault. she was demonized in the italian media and even to her face during the trial. >> i haven't heard that. i've heard the gist of them, and they are wrong. i mean, i was in the courtroom when they were calling me a devil. i mean, it's one thing to be called certain things in the media and then it's another thing to be sitting in a courtroom fighting for your life

while people are calling you a devil. it's not true. >> reporter: convicted and then acquitted on appeal she describes hearing the news just this past march that italy's highest criminal court has ordered a brand-new trial. >> it was incredibly painful. i felt like after crawling through a field of barbed wire and finally reaching what i thought was the end, it just turned out that it was the horizon, and i had another field of barbed wire that i had ahead of me to crawl through. >> reporter: the 25-year-old seattle native cannot be come belled to return to italy for any new trial. she says that she is a changed person as a result of all of this. not as cheer reand she says she wrote the book so she can be in her word, reconsidered as a person. back to you. jenna: rick, thank you.

jon: right now in this country there is a trial getting almost as much attention, maybe more. it's the jodi arias murder trial, resuming for a final day of testimony today. the defense expected to rebut state experts who say arias has borderline personality disorder. attorneys for arias claim she suffers from ptsd and killed her boyfriend, traffic is alexander in self-defense. alexander as you know was found shot and stabbed to death inside his bathroom in 2008. let's talk about it with our guests faith jenkins a former prosecutor. tom kaniff is a criminal defense attorney and former prosecutor and u.s. army jag. the prosecutor in this case, juan martinez has taken heat for putting this psychlodge alex perfect on the stand because the expert apparently said that she suffers from a borderline personality disorder and one of the traits of that condition is that you tend to act impulsively. in effect, tom, it gives her an

explanation, or a window for why she may have done what she did. >> you know, jon it's a curious decision on two counts. first, one of the big advantages that a prosecutor has is they get to have the last word, they get to have the last word summations, that is a tremendous advantage. in this case martinez not only would have had the last word in summation, he had president opportunity to deliver the last bit of testimony, remember the prosecutor's -- the prosecution's rebuttal case. instead what he did with respect to that is he opened the door to this borderline personality defense which then allowed the defense, or will allow the defense to bring on their own witnesses to rebut that. very curious decision particularly when the issue is her mental state and they have to prove that she had the mental state to to commit the murder. >> the state's evidence is overwhelming in this case. you didn't need this expert to come in and testify about what she did and it undercuts

premeditation. that's now what they have to prove. the state's exist coming in saying jodi arias has a mental condition that would allow her to snap. undercuts premeditation, one of the key things they needed to prove to get a first-degree murder conviction here. >> this is a prosecution in which less would have been more? >> less would have been more. i think what is also very interesting is now the defense will call an expert witness, presumably to rebut what the state's expert said when the prosecution opened the door regarding the borderline perplt disorder. does the defense even want to rebut this or maybe the defense wants to sit down. jon: it's pretty rare in a capital case, a death penalty case for the defendant to take the stand. not only did jodi arias take the stand, she was on that stand for 18 days, more than three weeks of court time. >> uh-huh. jon: too much? we crossed the less is more bridge a longtime ago in this case. i mean, now the jurors are referring to jodi by her first

name when they asked her questions. they feel like they know her, they've become an intricate part of her life. they know details about her life. thattess don't look good for the prosecution here because this is a death penalty case. are the jurors now going to have a hard time sentencing jodi to death? i think they will. the length of this trial only hurt the state's case. jon: right, tom because this is another unusual aspect of this case, because under arizona law jurors get to ask questions. they wrote the questions down for the judge, and yes, they were referring to her as jodi, jodi, will you please explain this. it suggests a familiarity that probably is not going to help the prosecution if they want to get the death penalty. >> listen, you spent four months in a room with someone, you're less likely to be apt to say, hey let's sentence them to death. you develop a relationship, even if it's a silent relationship, a proximity relationship, however you want to define it, but it's there. and also when you look at how straightforward the facts of this case were, this is not a complicated face. merely the fact that the defense

appears to be getting the jurors thinking, getting the jurors to want to ask questions, have some doubt, turn that into reasonable doubt among one or two jurors it could be an acquittal on the first-degree murder count, a hung jury, a retrial. jon: these jurors have to be tired of this by now. this case started in early january. >> which is why the judge said we are starting closing arguments tomorrow no matter what. you have to wrap these witnesses up, we are starting closing arguments tomorrow, thursday, we're going on schedule. they have to wrap this case up today and begin closing arguments tomorrow. jon: we will see what happens. it's been a strange one to this point. we'll see what the jury decides. thank you both. jenna. jenna: ahead major developments in the boston bombing investigation. three more arrests just announced, including classmates of dzhokhar tsarnaev. our chief intelligence correspondent catherine herridge is tracking down the story and joins us live ahead. also mars as you've never seen it before. we'll show you some amazing new pictures from nasa's curiosity rover.

jenna: we are getting some spectacular new images of the red planet courtesy of the nasa curiosity rover. they are pieced together using smaller photos to show the rover and its missions. steve harrigan has more.

>> reporter: remarkable images fear the first time from the sur vast of mars. raw images taken by nasa's rover curiosity. the raw images are stitched together. what you're getting tore are for the first time is a panoramic view, as if you're standing on the surface of ma rarbgs s looking around from a human perspective. the curiosity itself is about halfway through it's two-year prison. of it is a six-wheeled vehicle about the size of a mini cooper car. raoefl i have at the same time a $2.5 billion science laboratory. they've had tremendously successful experiments by drilling several inches into the core of mars. they have determined by looking a the rock samples that several billion years ago mars may have had the environment to support life because of neutral water on the scene. these images and discovery just the start of what for nasa is a ten-year program of robotic exploration of the red planet.

jenna: thank you. jon: harrigan has been remote and dangerous places, afghanistan and iraq a lot of times. maybe he'll report from mars one of these days. jenna: until then we will rely on curiosity for the eufpl averages. jon: three more suspects in custody facing federal charges with regard to the boston marathon bombing. two of them are college friend of the surviving suspect dzhokhar tsarnaev. breaking details on that coming up. plus, an amazing story, a two-year-old girl born with a rare birth defect, she has made medical history becoming the youngest person ever to receive an artificial wind pipe partially built with her own stem cells. and that is not the only first here. >> right now it's her first taste of a lollipop, something most kids have done all their lives, she didn't do it until last friday. when it came to ur plants, we were so confused.

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medical breakthrough giving a 2-year-old girl a new lease on life. there she is. her name is hanna warren, born without a wind pipe, unable to eat or drink or breathe on her own. she's been kept alive for the last two years with a breathing tube. she was likely to die, her parents were told, by the time she turned six years old. but all that changed when she became the world's first child to receive an artificial wind pipe, created with her own stem cells. her doctors are calling this really nothing short of amazing. >> this would be the future of oregon transplantation. this is like a new chapter in medicine. and you're kind of looking at it right now. you're looking into the future right now. jenna: doctors performed the surge rear at children's hospital of illinois on

april 9th. by the 16th she was breathing on her own. her parents say they are excited to start a new life with both of their daughters. >> couldn't ask for anything else. we are blessed. so, thank you all for coming, and sharing in hanna's incredible journey. it's just beginning. jenna: dr. mark holterman is one of the pediatric surgeons that performed this groundbreaking operation. congratulations. it's great to have you on the program today. >> thank you. jenna:s a a peed at strike surgeon i'm sure you get a lot of cases across your desk, some of them you can help, some of them heartbreaking in that you can't. you met hanna when she was a month-old. i'm curious, why did she stay with you? why did you think this normally fatal deficiency that she had, why did you think that there was hope? >> well, when i first met her it was clear that she had a very difficult problem, and unfortunately we don't have a

good surgical solution to that problem. so i went back from seoul to peoria and i thought about it and thought about it. i was told the family was vased to let nature take its course and let hann expire without any kind of intervention. that bothered me a the hro. i went back to seoul on a business trip and i met her again. she was thriving, still breathing through her tube, obviously. she was thriving and growing and looking at me and smiling and she kind of went to my heart. i met the family and the family were in tears saying to me, we don't know what to do, our tka*urts is a prisoner in the hospital. we know it's not a good operation for this. but we've been doing some research. and we were researching regenerative medicine and we learned that a professor from an institute in stockholm has been doing regenerative medicine deck news to replace tracheas in

adult. do you think you could contact him and see if he could help us with our child? since i do a little bit of stem cell research i went ahead and said okay i'll contact the professor, which i did, and he and i have been conspiring for the last two years to find a place to fix hhanna. jenna: here we are today. a couple weeks out of surgery. this is what you implanted in her, a tissue engineered stem cell-based artificial wind pipe. what exactly is that? >> okay. so the track key a is made up of different components, and there is some little ribs in the trachea made out of cartilage and they prevent the trachea from collapsing when you inspire, when you take a breath. and to replace those we made little plastic rings in the same shape, and then we take plastic nano fibers about 100th times smaller than a human hair and

spin it eight round those little plastic struts to make exactly the correct anatomical shape and size for hanna. jenna: wow. >> when you put the fibers on there there's spaces in between, procedures, and then you put stem cells into there from their own bone marrow and the cells love to attach to things and start growing. jenna: there she is again out of surgery. we mentioned that she was unable to breathe, talk, swallow or training on her own since she's been born. what will her life look like now? >> well obviously she has a lot of rehabilitation and additional surgeries in the future, and in the past she was breathing through a traoub through her mouth down her esophagus. the tube had to be in place to hold the owe some of gus open. there was a communication between her swou owe link tube and her lungs and that's what kept her alive. if the tube fell out by accident she couldn't breathe and she almost died several times. plus, she was draining

satisfactorsaliva all the time around the tube into her lungs. she was basically drowning in her own saliva and if we didn't sunks out she would die. she was concerned and fearful of when the tube would fallout and fearful of having anything else put in her mouth. she is breathing through her whole in her neck now. we discovered she toes have a voice box and vocal cord. eventually she'll be able to breathe and talk we hope once we took things back together. at this point we are teaching her how to swallow carefully and protect her own wind pipe so she doesn't aspirate. we are interest dutiesing her to the whole sense of smelling and tasting which she doesn't know how to do. jenna: it's remarkable. congratulations with the successful surgery. we wish you and hanna and the rest of your team the best of luck in the weeks and months to come. thank you so much, sir. >> thank you. jon: what a cute little patient. jenna: right? seems like she has a lot of personality for a two-year-old especially with that tr. we'll be right back with more 4 "happening now."

what do you think?

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gardens. killing off three of the older males. hopefully the rest of the flock will disperse. meat for the dead birds goes for lower income residents. >> i don't know about cute: >> interesting. >> "america live" starts right now. fox news alert news is breaking on the boston bombing situation with news that three more people are now in custody. in custody in connection with the deadly attack on the boston marathon. welcome to "america live," everyone, i'm megyn kelly. the news breaking a short time ago and new details are just coming in. we understand these new suspects, that is the term being used by law enforcement, were arrested by federal authorities and fox has confirmed that they are being accused of providing some form of help after the attack to the two main suspects in the case. dzhokhar and tamerlan tsarnaev.